00                            SENATE BILL NO. 110                                                                         
01 "An Act relating to liability of an electric utility for contact between vegetation and the                             
02 utility's facilities; and relating to vegetation management plans."                                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 09.65 is amended by adding a new section to read:                                                  
05 Sec. 09.65.086. Civil liability of electric utility for contact between                                               
06 vegetation and utility facilities. (a) Except as provided in (b) of this section, a utility                           
07 offering electrical service to the public for compensation under a certificate of public                                
08 convenience and necessity issued by the former Alaska Public Utilities Commission or                                    
09 the Regulatory Commission of Alaska under AS 42.05.221 may not be held liable for                                     
10       property damage, death, or personal injury resulting from contact between vegetation                              
11       and the utility's facilities.                                                                                     
12            (b)  This section does not preclude civil liability for property damage, death, or                         
13       personal injury resulting from contact between vegetation and the utility's facilities if                         
14                 (1)  the vegetation was located entirely within the boundaries of the                                   

01       utility's real property, lease, permit, easement, or right-of-way and the utility did not                         
02       have, or failed to comply with, a vegetation management plan; or                                                  
03                 (2)  the vegetation was located outside the boundaries of the utility's                                 
04       real property, lease, permit, easement, or right-of-way and the utility caused the                                
05       vegetation to                                                                                                     
06                      (A)  enter the boundaries of the utility's real property, lease,                                   
07            permit, easement, or right-of-way; and                                                                       
08                      (B)  contact the utility's facilities.                                                             
09            (c)  In this section, "vegetation management plan" means a document that                                     
10       establishes a procedure by which a utility will manage vegetation to protect the                                  
11       reliability and safety of the utility's electric facilities.                                                      
12    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
13 read:                                                                                                                   
14       APPLICABILITY. This Act applies to civil lawsuits against electric utilities filed on                             
15 or after the effective date of this Act.